NTC MEMORANDUM CIRCULAR NO. 7-3-2000, March 01, 2000
RULES AND REGULATIONS GOVERNING SHORE-BASED MAINTENANCE
Act No. 3396 and Chapter IV Regulation 15 of the 1974 SOLAS convention,
as amended, the following rules and regulations governing shore-based
maintenance requirement for Philippine registered vessels are hereby
promulgated:
1.0
Purpose
1.1 To adopt standards and set rules and regulations governing
shore-based maintenance requirements and the establishments of Radio
Repair Service centers in the Philippines.
1.2 To enable the National Telecommunications Commission to monitor/supervise all shore-based maintenance companies.
1.3 To accredit other shore-based maintenance companies and
its service centers operating within and outside the country.
2.0
Definition of Terms Used
2.1 Radio Transmitter or Transceivers — A device capable of
emitting radio waves or energy intended for transmission or/and
reception of signal, messages or intelligence.
2.2 Global Maritime Distress Safety System (GMDSS) — A system
that takes advantage of modern technology to ensure immediate alerting,
fast distribution and effective communications especially during search
and rescue operations. It utilizes satellite and radio systems to ensure
the availability of communication functions at all times.
2.3 Shore-based maintenance service company — An entity
engaged in the repair, service, calibration or maintenance or maritime
radio communication and navigational equipment on board Philippine
Registered GMDSS vessels.
2.4 Accreditation of Shore-based maintenance company — An
authority issued by the Commission granting the holder thereof to
engaged in the repair, service, calibration or maintenance of maritime
radio communication and navigational equipment on board Philippine
Registered GMDSS vessels.
3.0
Application and Permit
3.1 Permit Required — Applicant should secure an accreditation
as Shore-based maintenance company from the Commission entering into a
contract with ship companies/operators.
3.2 Filing of Application — The application for the permit
shall be filed together with the required supporting documents (Annex
-A) specified in the application form, with the Commission.
3.3 Period of Validity — All Permits issued to Shore-Based
Maintenance Service Providers shall have a provisionary permit of one
(1) year and a regular permit after inspection with an effectivity
period of not more than three (3) years from their respective dates of
issuance.
3.4 Scope of Authority — All duly accredited SBMC is
authorized to engage in the repair, calibration, service and maintenance
of maritime radio communication and navigational equipment on board
Philippine Registered GMDSS vessels.
3.5 Application for Renewal of Permits — The application for
renewal shall be submitted to the Commission at least sixty (60) days
before its date of expiration.
3.6 Fees — The fees to be charged for the issuance of ASBMC
shall be nine hundred pesos per year (PHP 900.00/yr.) and a filing fee
of one hundred fifty pesos (PHP 150.00) that may be updated from time to
time by Memorandum Circular.
4.0
Operating Guidelines for An Accredited Shore-based Maintenance Companies
4.1 Permittees shall in the conduct of their respective
activities in the repair, calibration, service and maintenance of
maritime radio communications equipment shall strictly comply with the
provisions of this Circular and other existing local and international
radio laws, rules and regulations where Philippines is a party.
4.2 The service, repair and maintenance of maritime radio
communication and navigational equipment on board Philippine Registered
GMDSS vessels shall be in accordance with the technical standards
defined by ITU.
4.3 The Permittee shall take an active role in the research
and development of modern and reliable methods of maintaining the
maritime radio communication and navigational equipment on board
Philippine Registered GMDSS vessels.
5.0
Basic Diagnostic/Test Equipment and Measuring Instruments Required
5.1 Frequency Meter (0.1 ppm or better)
5.2 RF Power Meter (for MF, HF, VHF bands)
5.3 Volt-Ohm-Amp Meter or Digital Multimeter
5.4 Insulate Meter
5.5 Gravity Meter (for battery testing)
5.6 EPIRB Program Test Meter
5.7 Frequency Counter, HF to UHF Bands
5.8 RF carrier deviation meter/RF modulation meter
5.9 Oscilloscope
5.10 RF and AF Signal Generator capable of emitting 0.1 uV to 5 V across all frequency ranges
5.11 Reflectometer, with ranges covering HF to UHF
6.0
General Provisions
6.1 No person or entity who are not accredited by this
Commission as shore-based maintenance service company, shall be allowed
to enter into contract with ship owners/operators/charterers for the
repair, calibration, service and maintenance of maritime radio
communication and navigational equipment on board Philippine Registered
GMDSS vessels.
6.2 No person or entity who are not accredited by this
Commission as shore-based maintenance service company, shall advertise
or cause to advertise in any form of media, such as newspaper,
magazines, manuals, radio, television or signboards any information
leading to a contract with ship owners/operators/charterers for such
services.
6.3 An accredited shore-based maintenance service company
shall have an inventory at all times at least one set of replacements
and spare parts for each type, model and make of maritime radio
communication and navigational equipment on board Philippine Registered
GMDSS vessels.
6.4 A letter of authorization from the Commission is required
before parts and components for repair, construction or manufacture of
radio equipment may be imported.
6.5 An accredited shore-based maintenance service company must
have quality control facilities and shall adhere strictly to the
standards of good engineering practice.
6.6 The business and location of accredited shore-based
maintenance service company shall be properly identified as such by
posting conspicuously at the entrance of their respective premises sign
boards of at least 50 x 100 cm. Dimension indicating clearly the
registered business name of the establishment, kind of services offered,
the name of the permittee and its business address.
6.7 The accredited shore-based maintenance service company
shall strictly abide with the provisions of its contract with their
customer in relation to the nature of service rendered. The National
Telecommunications Commission will be the mediator in cases where
disagreements occur and an amicable settlement cannot be reached.
7.0
License Required for Personnel
7.1 Technical personnel who are directly in charge of actual
test, modification, repair, calibration and/or tuning must be holders of
at least a valid 1st class Radiotelephone (PHN) or Radiotelegraph (RTG)
certificates with Radio Electronic Certificate (REC).
7.2 Holders of valid 1st class PHN or RTG certificates with
REC should have a proof of training (e.g. certificate of proficiency)
from the manufacturers of the equipment.
7.3 Personnel employed by the Shore-based maintenance
companies, whose duties and responsibilities are governed by Section 3
and 4 of Department Order No. 88, dated 28 December 1972, must be duly
registered Electronic and Communications Engineers.
8.0
Submission of Reports
8.1 An accredited shore-based maintenance service company
shall submit to the Commission a monthly list of all stations they
entered into their service contract/transaction a report on maintenance,
service and repairs conducted within the month, not later than seven
(7) days after the end of the each month.
9.0
Grounds for Suspension or Revocation of Permits
Any permit issued under these Regulation may be revoked, cancelled,
suspended or dealt with administratively in accordance with law for any
of the following:
9.1 Violation of any provision of this Circular or any
provision of the Radio Control Law, Act 3846, as amended or other
relevant international or national laws, rules and regulations affecting
the operation of the permittee;
9.2 False statement in the application for Permit or in any Report required by the Commission;
9.3 Failure to comply with any of the conditions or particulars specified in this circular.
9.4 Failure to settle amicably any differences with companies they enter into contract with.
10.0
Procedure for Suspension or Revocation of Certificate
10.1 The Commission may suspend, cancel or revoke the permit of
any accredited shore-based maintenance service companies found to have
violated any provision of this Circular; provided, however, that no
order of suspension, revocation or cancellation of the permit shall take
place without written notice from the Commission stating the cause for
such action, served to the respondent. The order of suspension,
revocation or cancellation of the permit shall take effect fifteen (15)
days period from the receipt of the notice, respondent may file a
written petition for the hearing of said Order to the Commission. In the
event that the respondent fails to file the written petition for
hearing within the prescribed period, the Order shall become final and
executory.
11.0
Repealing Clause
11.1 The provisions of this Circular supersedes all provisions of
any Memorandum Circular and to the rules and regulations inconsistent
herewith.
12.0
Effectivity Clause
12.1 This Circular shall take effect thirty (30) days after its publication in accordance with law.
Adopted: 01 March 2000
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(SGD.) JOSEPH A. SANTIAGO |
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(SGD.) NESTOR C. DACANAY |
(SGD.) AURELIO M. UMALI |